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HomeMy WebLinkAboutRes.2982.04-18-2016 BILL NO. 16-76 RESOLUTION NO. agg' A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF AGREEMENT WITH SOUTHEAST MISSOURI STATE UNIVERSITY FOR IMPROVEMENTS WITHIN THE CITY OF CAPE GIRARDEAU, MISSOURI BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS : ARTICLE 1 . The City Manager, for and on behalf of the City' of Cape Girardeau, Missouri, is hereby authorized to execute a Memorandum of Agreement with Southeast Missouri State University, to construct a sculpture in the Fountain Street Roundabout adjacent to the River Campus and improvements to • Capaha Baseball Field, in the City of Cape Girardeau, Missouri . The Agreement shall be in substantially the form attached hereto as Exhibit A, which document is hereby approved by the City Council , and incorporated herein by reference, with such changes therein as shall be approved by the officers of the City executing the same . PASSED AND ADOPTED THIS DAY OF , 2016. CAjtj" el Harry E. ediger, Mayor ATTEST : 3" /ft un7 ' 1Nt ruce TaylDeputy City Clerk fiat' _ ; \ \�\ r \�\ J 'L s E • 1 „A\ SOUTHEAST MISSOURI STATE UNIVERSITY• 1873 Facilities Management AMENDMENT NO. 1 TO THE MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF CAPE GIRARDEAU,MO AND SOUTHEAST MISSOURI STATE UNIVERSITY FOR THE DESIGN AND INSTALLATION OF SCULPTURE AT THE FOUNTAIN STREET ROUNDABOUT AND IMPROVEMENTS TO CAPAHA FIELD DATED APRIL 19, 2016 This Amendment applies only to Section 5 as outlined under Capaha Field Improvements. All other Items listed In the Memorandum of Agreement shall remain unchanged: Replace Section 5 under Capaha Field Improvements in its entirety with the following: The University, in consultation with the City,will advertise the project,conduct the bid opening,approve the contract and oversee the construction phase of the project utilizing the construction administration services of the consultant referenced in Section 4. Monthly pay applications from the contractor will be submitted to the consultant,who will review and recommend payment;and forward to the University for approval and payment. IN WITNESS WHEREOF,the parties have caused this Amendment to be executed in duplicate this day of Tif.IU ,2016. SOUTHEAST MISSOURI STATE UNIVERSITY One University Plaza Cape Girardeau, MO 63701 By Vargas,President CITY OF CAPE GIRARDEAU 401 Independence Cape Girardeau,MO 63703 By St•tt Meyer,City Manager t MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF CAPE GIRARDEAU,MO AND SOUTHEAST MISSOURI STATE UNIVERSITY FOR THE DESIGN AND INSTALLATION OF SCULPTURE AT THE FOUNTAIN STREET ROUNDABOUT AND IMPROVEMENTS TO CAPAHA FIELD WHEREAS, Southeast Missouri State University (University) and the City of Cape Girardeau ("City") desire to make various improvements that will benefit both parties of this Agreement; and WHEREAS, the University and the City recognize that cost sharing of these improvements is desirable, IT IS AGREED, in consideration of the mutual agreements contained herein and the expenses to be borne and paid by each party, as follows: Fountain Street Roundabout Sculpture 1) By means of this agreement, University faculty will design a sculpture to be permanently installed in the roundabout at Fountain Street and Morgan Street. Faculty working on the project shall do so as an independent contractor outside the scope of their University responsibilities. The final design of the sculpture shall be approved by the City Manager and the University. 2) University faculty supplemented by the paid labor of University students will fabricate the sculpture. The City and University recognize the experiential learning opportunity this joint project provides for University students. 3) The City shall contract directly with the selected faculty member completing design. The contract shall include all labor, material and related costs in order to complete delivery of the sculpture to the site. The cost for design and fabrication of the sculpture has been previously estimated at $64,000. Footings and all site work will be the responsibility of the City and are not included in the estimated cost. 4) It is anticipated that the coordination and collaboration of the design and fabrication of the sculpture would occur during 2016 and 2017 with fmal installation of the sculpture to be complete by December 31, 2017. \Memo of Agreement City Capaha Field.docr 5) The City, through City staff and/or City contract, will design and construct the necessary foundation, lighting, and overall site improvements to support the sculpture in the roundabout. University faculty involved with the design and fabrication of the sculpture will provide technical knowledge to the City to assist in designing the necessary foundation support. 6) The City and University have agreed to share equally (50/50) in the cost of the project, including design, fabrication and installation costs. The City shall approve all pay applications and forward monthly project costs to the University, including City labor/material costs if applicable. The University will reimburse the City for 50% of the costs within thirty (30) days of receipt of approved invoices. 7) It is agreed upon that the University has no role in the overall maintenance of the completed project. The sculpture will be City property and the City will be responsible for ongoing maintenance of the roundabout and related infrastructure including lighting, landscaping, etc. Capaha Field Improvements 1) The City and University have mutually agreed to complete upgrades to Capaha Field including laser level and regrading of the playing surface to provide consistent field condition and address all drainage concerns pertaining to the piping currently under the field, new field irrigation if natural turf is selected, new warning track with improved granular mixture, installation of infield and outfield artificial turf (preference if determined to be within budget), new fencing as outlined by the consultant and the University, new dugout protection to meet NCAA recommendations, and repair and paint existing scoreboard or scoreboard replacement if within budget. 2) It is agreed upon that the University will fund, design and build an indoor hitting and storage facility in the location of the current batting cages. The maintenance of this facility will be the responsibility of the University. 3) The total budget for the project set by the City and University, including design and construction, is $1.84 million. The cost of the project shall be split 50/50 between the parties. The University shall initially pay 100% of the upfront cost of the project. The City shall reimburse the University 50% of the cost of the project by extending the payments to the University set out in a promissory note dated February 4, 2013, through fiscal year 2027. The City shall reimburse the University earlier if funding becomes available,but total reimbursement shall be made no later than June 30, 2027. 4) The City grants the right and privilege to the University to hire the consultant who will assist with the design upgrades to Capaha Field and provide construction administration services during the construction phase. The design \Memo of Agreement City Capaha Field.docx shall be administered by the University. The design and specifications shall be approved by both the University and the City and the construction documents shall comply with all City bidding requirements, will be compatible with the current Capaha Park Master Plan and meet all other legal requirements. 5) The City, in consultation with the University, will advertise the project, conduct the bid opening, approve the contract and oversee the construction phase of the project utilizing the construction administration services of the consultant referenced in section 4 above. Monthly pay applications from the contractor will be submitted to the consultant, who will approve and forward to the City. Once approved by the City, the application will be sent to the University for payment. 6) The project shall be completed prior to December 31, 2016, unless both parties mutually agree to a different completion date. 7) Utilization of the field by the University and other parties, University lease payments, City maintenance responsibilities, etc. related to Capaha Field shall be outlined in a separate lease agreement between the parties with the current maintenance agreement enforced until a new agreement can be finalized. 8) It is agreed upon that the City is responsible for ongoing maintenance of the field and the University is responsible for ongoing maintenance of the indoor hitting/ storage facility. It is understood by both parties that future improvements to the baseball amenities, beyond the scope of this agreement,will be negotiated at that time and documented in an addendum to this agreement or a separate agreement between the parties. 9) All other items not included in this agreement that is deemed worthy of consideration by either party will be reviewed and may include amending this current Memorandum of Agreement. General 1) The parties hereby designate the following persons as being the persons authorized to act for the parties in connection with the administration of this agreement: For the University: Angela Meyer, Director Facilities Management Southeast Missouri State University One University Plaza Cape Girardeau, Missouri 63701 \Memo of Agreement City Capaha Field.docx For the City: Julia Thompson, Director of Parks and Recreation City of Cape Girardeau Cape Girardeau, Missouri 63703 2) MI contracts entered into pursuant to this agreement shall comply with all applicable laws, including prevailing wages, and payment and performance bonds, and with the City's usual insurance requirements. In addition, all obligations set out herein are subject to annual appropriations. 3) This agreement constitutes the whole agreement between the parties and may be changed or modified only by mutual written agreement of the parties. IN WITNESS OF, theartier-have caused this Agreement to be executed in duplicate this day of L' , 2016. SOUTHEAST MISSOURI STATE UNIVERSITY One University Plaza Cape Girardeau, Missouri 63701 By C os Vargas, President CITY OF CAPE GI' • ' t►EAU 401 Independenc Cape Girarde. . sun 63703 By _ i. cott Meyerjanager Memo of Agreement City Capella Field.docx